Legal Research > Sentencing Tables

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Sex Offences - Sexual Intercourse without Consent - s.61I  

Maximum penalty: 14 years imprisonment

Standard non-parole period: 7 years imprisonment (for offences committed on or after 1.2.2003)

Name
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary

Boyle
NSW CCA
12.9.1994

s.61I

PG

MT 3y
AT 1y

AD
(issue of special circumstances only)

no prior serious convictions

Had intercourse with wife for sole purpose of hurting her.

MDW
(24)
NSW CCA
10.10.1994

s.61I

VG

MT 4y 9m
AT 1y 6m

AD
(heavy sentence but not beyond upper limit)

nil

Forced sister to have penile / vaginal intercourse in car. Treated sister in ‘cruel and callous’ manner, and breached position of trust. Sister profoundly effected by offence. Had previously sexually assaulted sister although not subject of charge.

Munday
NSW CCA
2.12.1994

s.61I

VG

MT 2y 6m
AT 2y 6m

AD

not relevant

Sexually assaulted female acquaintance in cab of semi trailer. Driving V home after spending time with her at club. Appellant and V had consensual intercourse some months prior to offence.
Some attempts at rehabilitation.

Glen
(27)
NSW CCA
19.12.1994

s.61I

PG

MT 2y
AT 2y

AD

minor

Sexually assaulted girlfriend in front yard of friend’s house. Relationship with V ceased prior to offence but continued as good friends. Supported by V at sentence hearing.

Hollis
(47)
NSW CCA
3.3.1995 / 10.3.1995

s.61I

PG - (SI)

18m PD

Crown AA
MT 2y 3m
AT 9m

nil

Sexually assaulted 23y female tenant in house at time A aware other occupants of house away and V alone with two small children.
Excellent subjective features.

Byfield
(26)
NSW CCA
21.4.1995

s.61I

VG

MT 3y
AT 1y

AD

serious but no sexual offences

Sexually assaulted former girlfriend whom he was staying with. Threatened V’s 4y son.

O’Rourke
(31)
NSW CCA
25.7.1995 / 23.8.1995

s.61I

PG - (SI)

MT 18m
AT 18m

Crown AA
MT 3y 6m
AT 2y 6m

serious sexual offences

Sexually assaulted 21y female Canadian tourist on isolated beach. Penetration with tongue, fingers and penis.

Windle
NSW CCA
29.8.1995

s.61I

VG

MT 4y 11m
AT 18m

AD
(issue of special circumstances only)

minor, none involving violence

Sexually assaulted English tourist he had been smoking marijuana with at beach. When A threatened to kill V she pretended to enjoy assault.

McLawrence
(27)
NSW CCA
28.9.1995

2 x s.61I

VG

MT 6y
AT 2y

AD

short periods in custody - on bail

17y female accompanied group of men to house. Sexually assaulted by four men, A forcing her to perform fellatio then forcing penile / vaginal intercourse.
Depression and suicidal thoughts.

Tolmie
(1995) 84 A Crim R 293

s.61I

VG

MT 2y
AT 2y

AD

 

V and A seen together at awards night becoming intimate. Later sexually assaulted V as both were proceeding to friends house in group. Penile penetration.

Da Silva
NSW CCA
30.11.1995

s.61I

PG

MT 12m
AT 1y 6m

AD

nil

Digitally penetrated 16y female asleep on lounge.
Stable relationship and small child.

Pastovsky
NSW CCA
28.6.1996

s.61I
Attempt s.61I

VG

MT 2y 6m
AT 1y 6m

AD

minor summary matters

Female V met A through advertisement in newspaper and accompanied him to his flat. Forced penile intercourse on V after threatening to choke her. Attempted second act of intercourse after A showered.
Lack of English would make prison life more difficult.

Balfour
(28)
NSW CCA
23.7.1996

s.61I

PG

MT 2y 6m
AT 2y

AD
(without mitigating features sentence could have been higher)

 

A left Club with female V intending to have consensual intercourse at her house. On way she changed her mind and sought to return to Club. A assaulted her and forced penile intercourse.
Sexually abused as a child.

Anderson
NSW CCA
30.10.1996

s.61I

VG

MT 2y 6m
AT 2y

AA
MT 18m
AT 2y

on recog for similar offence

Male V accompanied A home and forced to stay night after becoming intoxicated. Awoke to find A fellating him. Offence showed degree of planning and premeditation.
Suffering from alcohol and psychological problems.

Weekes
(27)
NSW CCA
28.2.1997

s.61I

Sched:
Possess and use heroin

VG

MT 2y 6m
AT 18m

AD

minor except for assault de facto

Forced de facto to have anal intercourse with him despite her refusal. Acquitted of second count involving vaginal intercourse he claimed was consensual.
Suffering mental illness although no causal link to offence. Drug abuse.

Wolff
(45)
NSW CCA
7.7.1997

s.61I

PG

MT 2y 6m
AT 2y 6m

AD

minor driving offence

V had previously terminated sexual relationship with A and become engaged to another man. A resented this and sought to punish V. While working with V forced her to perform fellatio on him, ejaculating into her mouth. Crudely expressed pleasure at having punished V to V’s fiancé and friend.
Good work record.

DAR
(15)
NSW CCA
2.10.1997

s.61I

VG

MT 2y 6m
AT 18m

AA
MT 2y
AT 2y

extensive record although no prior sexual offences

18y female V awoke to find A holding her to bed. A forced penile intercourse while co-offender rubbed penis in V’s hand. A had broken into house.
Young aboriginal person.

Fordham
(42)
(1997) 98 A Crim R 359

3 x s.61I

VG

MT 4y 6m
AT 1y 6m

AD

assault female

While living with fiancé and 55y mother regularly sexually assaulted mother. Forced V to perform fellatio on him. V mildly intellectually impaired.

Radford
(28)
NSW CCA
4.3.1998

s.61I

PG

MT 3y 6m
AT 1y 6m

AD

some violence and dishonesty but no significant custody

Obtained lift with female V from Pizza shop. Attacked V in car, forcing her out of car and struggled on ground. Succeeded in inserting fingers into vagina. Terrifying violence inflicted on V.

May
(18)
NSW CCA [40]
10.3.1999

s.61I

PG

3y PD

Crown AD
Unusual for sentence of less than full time custody to be imposed for this type of offence

 

Sexually assaulted 18y female friend while she was intoxicated and asleep. Fondled her breast, inserted fingers in vagina and had penile intercourse.
Offence out of character - A intoxicated. Remorse.

Karatas
NSW CCA [151]
28.5.1999

4 x s.61I

VG

MT 6y 9m
AT 2y 3m

AD

bad record for violence

Entered flat of 24y female V on pretext of collecting refrigerator. Over three hours subjected V to numerous acts of intercourse including cunnilingus, digital penetration of vagina, fellatio and penile penetration of anus. Also used banana and threatened to kill V.
Devastating effect on V.

Carr
(24)
NSW CCA [200]
23.7.1999

s.61I

PG

MT 3y
AT 1y
(cumulative to sentence for other offences)

AA
MT 2y 3m
AT 1y 9m
(for accumulation)

dishonesty

Had sexual intercourse with female complainant while she was asleep in nearby bed. Both heavily intoxicated.
Sentence cumulative to sentence of approx 9 months for attempt SMV and AOABH.

Gust
(mid-40s)
NSW CCA [265]
22.10.1999

s.61I

VG

MT 3y
AT 3y

AD

relatively prior good character

Sexually assaulted female cousin in mid-30s he had recently become acquainted with. After spending afternoon talking and drinking at V’s house forced V to endure penile penetration. Also assaulted V.

Smith
NSW CCA [145]
10.4.2000

s.61I

PG (substantial discount)

MT 4y 6m
AT 2y 6m

AD

 

Forced penile intercourse on female acquaintance.
Aboriginal offender. Remorse.

Orth
NSW CCA [126]
10.4.2000

2 x s.61I
Attempt s.61I

PG

MT 6y
AT 3y

AD

good character

Sexually assaulted female V walking to nightclub in centre of Sydney in early hours of morning. Digital and penile intercourse with V. Striped her of clothes and attempted to penetrate anus.

Martin
NSW CCA [332]
25.8.2000

3 x s.61I

VG

MT 6m
AT 2y 3m

Conviction AD

 

Sexually assaulted V (tourist from Canada) in dormitory of backpacker lodge. V thought A was her boyfriend (she was in bed with eyes closed). Digital and penile penetration and cunnilingus.

Dayeian
NSW CCA [348]
29.8.2000

4 x s.61I

VG

MT 2y
AT 2y

AD

nil

Digitally penetrated wife anally and vaginally over 5m period.
Suffering from various personality disorders - suicidal tendencies.

Upton
(2000) 116 A Crim R 298

61I

VG

MT 2y 6m
AT 2y 6m

AD

False pretences and assault

Took 26y Austrian teacher on skiing trip – Complainant awoke to find non-consensual intercourse had taken place during night

MLW
(15)
NSW CCA [133]
9.4.2001

s.61I

PG

3y
NPP 1y 8m

AD

 

Sexually assaulted 16y old female met at party earlier in the evening. Violent and extended attack. Forced penile / vaginal intercourse twice and oral intercourse once.

O’Brien
(29)
NSW CCA [102]
26.3.2002

s.61I

VG

4y
NPP 18m

AD

nil

Sexually assaulted female friend while she was asleep after party - behaviour affected by alcohol
Married with two young children - Lost promising career as a nurse - Remorse - Protection

Mitton
(48)
(2002) 132 A Crim R 123

2 x s.61I

VG

5y
NPP 3y

Conviction AD

 

Sexually assaulted 16y friend of goddaughter - Victim and friend staying with applicant in Sydney - Forced digital and penile intercourse - Claimed consent

Shepherd
(19)
NSW CCA [9]
6.2.2002

s.61I

PG (sentence reduced by 1 year)

4y
NPP 2y

Crown AD

3 dishonesty offences

Broke into home of 69y female and raped her
Aboriginal - Intoxication a mitigating factor - Early addiction - Remorse

Davidson
(49)
NSW CCA [11]
11.2.2003

7 x s.61I

Sched:
Supply and self-admin cannabis

VG

10y
NPP 7y 6m

AD

extensive record although less serious offences

Lured 16y female to get some cannabis - Drove to isolated bush area and raped her during night - Pre-planned offence
Aboriginal involved in aboriginal community

Porteus
NSW CCA [18]
17.2.2003

2 x 61I

VG

4y
NPP 18m

AD

Prior good character

Masseur sucked penis of two male patients on separate occasions

Baverstock
(50)
NSW CCA [228]
14.8.2003

6 x 61I

Sched:
3 x 61I
Common assault

PG (20%)

7y
NPP 3y 6m

AD

Nil relevant

Forced Chinese wife to have intercourse while tied to bed – Aware no consent – Victim vulnerable dur to temporary visa status
Ill health – prior good character

GAR
(50)
NSW CCA [224]
19.8.2003

61I

VG

6y
NPP 4y 6m

AD

Lengthy – long periods of imprisonment

Sexually assaulted recently divorced wife – element of violence

Dallas
NSWCCA [316]
17.9.2004

61I

Sched
1 x 61L

PG (CCA – 10%)

3y 6m
NPP 1y 6m

AA
3y
NPP 1y 4m

Recent conviction for falsely holding himself out as entitled to practise medicine

Conducted vaginal and breast examinations of complainant, who consented on the false basis of him being a qualified doctor – desperately wanted to be a doctor and loved helping people – Clinical anxiety and depression – suicidal ideation– insufficient discount for guilty plea

Kershaw
(39)
NSW CCA [56]
1.3.2005

s.61I

Sched:
breach AVO

PG (10%)

5y
NPP 2y 6m

AD

Minor – assault on wife

Forced wife to have intercourse in home
Remorse and contrition – relationship continued

Perrin
(18)
NSW CCA [64]
15.3.2006

s.61I

Sched:
Agg ind assault

PG (less than 25%)

6y
NPP 4y

AA
4y
NPP 2y

Nil

Sexually assaulted 18y female acquaintance – penile intercourse – everyone intoxicated – later exposed penis near complainant’s face
Prior good character – protective custody

Rigby
(23)
NSW CCA [205]
20.7.2006

4 x s.61I

VG

8y
NPP 5y

AA
8y
NPP 4y

Rob in company – breached parole

Attacked 19y female on train station in early hours of morning – penile/vaginal intercourse, fellatio and cunnilingus
Fresh evidence of schizophrenia

Walker
NSW CCA [228]
1.8.2006

3 x s.61I

VG

6y 6m
NPP 4y 6m

Application for leave to appeal refused

 

Sexually assaulted former partner in hoer home – anal intercourse, fellatio and penile / vaginal intercourse
No further details

LM
(minor)
NSW CCA [322]
10.10.2006

3 x s.61I

PG

5y
NPP 3y

AD

 

Assaulted 17y female residing at same premises – forced into bathroom – vaginal / penile intercourse and fellatio
Destructive childhood – drug abuse and sexual / physical abuse

Dean
(44)
NSW CCA [341]
26.10.2006

s.61I

VG

10y
NPP 7y

AA
9y 4m
NPP 7y

Lengthy

Sexually assaulted sleeping 24y daughter of de facto – penile penetration
No reason given for longer parole period

Gallant
(45)
NSW CCA [339]
26.10.2006

2 x s.61I

VG

5y
NPP 3y 9m

AD

Minor

Sexually assaulted 23y female at skydiving clubhouse – digital and penile penetration – both club members

JRB
(52)
NSW CCA [371]
29.11.2006

s.61I

VG

3y
NPP 3m

Crown AA
3y
NPP 15m

Nil

Sexually assaulted sleeping female friend in own home – spontaneous – no force or threat – lower end of scale
Ill health

Carvahlo
NSW CCA [344]
14.12.2007

s.61I

VG

8y
NPP 5y 4m

AD

Assault, B&E. On parole.

Offence committed after 1.2.2003
Met victim (19y female English tourist) in hotel – Applicant forced himself upon victim in ladies’ toilets – penile/vaginal penetration.
Evidence of frontal lobe damage.

Sabapathy
NSW CCA [82]
24.4.2008

s.61I

PG (12%)

3y
NPP 18m

AD

Nil

Offence committed after 1.2.2003
Landlord sexually assaulted female renting granny flat – both intoxicated – reckless as to consent – penile/vaginal intercourse with multiple positions
Good character – good prospects of rehabilitation

Graham
NSW CCA [174]
28.7.2008

s.61I
Att s.61I

VG

9y 11m
NPP 7y 5m

AA
9y 11m
NPP 6y 10m

 

Offence committed after 1.2.2003
Spent evening at offender’s unit after night out – Penile / vaginal intercourse – attempted second penile/ vaginal intercourse – knew victim not consenting to penile intercourse

Qin
(32)
NSW CCA [189]
8.8.2008

s.61I
Indecent ass

VG

10m suspended
5y GBB

Crown AD

Prior s.10 for indecent assault

Offence committed after 1.2.2003
Masseur at clinic removed underpants of female customer – massaged bottom cheek and passed hand over anus – massaged vagina – almost at lowest level of culpability – breach of trust

Giotas
NSW CCA [287]
5.12.2008

2 x s.61I

VG

5y
NPP 3y 4m

AA
4y 6m
NPP 2y 3m

 

Offence committed after 1.2.2003
Asked receptionist from work to brings papers to home unit – forced penile /vaginal intercourse – turned complainant on to stomach and forced intercourse for a second time – at least mid-range offence
Retrial – sentence at first instance unjustifiably greater than sentence imposed after first trial

King
(33)
NSW CCA [316]
17.12.2008

s.61I

PG (1/6th)

5y 10m
NPP 4y 3m

AD

Bad record – including dishonesty and violence

Offence committed after 1.2.2003
Spent day socially with complainant – forced digital penetration in public toilet cubicle – Complainant hit head on toilet bowl in struggle
Aboriginal - difficult background

Gillies
(43)
NSW CCA [339]
23.12.2008

s.61I
Film for indecent purposes

VG

6y 8m
NPP 5y
(6m concur)

AD

 

Offence committed after 1.2.2003
In relationship with complainant – had been arguing – complainant asleep and intoxicated – applicant inserted bottle into complainant’s vagina – complainant had said “Don’t” – complainant had no recollection – activity recorded by applicant on video tape.

Dionnet
(40)
NSW CCA [85]
2.4.2009

2 x s. 61I

PG

10y
NPP 7y

AD

Not of great significance – assault, driving

Offence committed after 1.2.2003
Assaulted victim who was on working holiday from Italy – entered V’s room at boarding house – punched V in temple – made clear he was there to have sex with her - penile vaginal penetration.

Mitten
(30)
NSW CCA [103]
14.4.2009

s.61I

Sched:
Ind assault
Resist arrest
Possess LSD and cocaine

PG (25%)

5y
NPP 3y 9m

AA
5y
NPP 3y

Minor offences – breached bail for indecent assault offence

Offence committed after 1.2.2003
Assaulted 21y female at service station – forced V against wall and inserted fingertips into vagina – bit V twice on neck – offences took place in public in front of V’s friend – earlier offence of indecent assault involved kissing stranger on mouth – low range of gravity Intoxicated - remorse

McCartney
(22)
NSW CCA [244]
16.9.2009

s.61I

PG 16.6%)

2y 6m
NPP 1y 3m

AD

Nil

Offence committed after 1.2.2003
Met complainant at nightclub and pizza restaurant - Took complainant home and forced her to have intercourse – intoxicated

Salmond
NSW CCA [141]
7.7.2010

s.61I
Indecent ass

VG

4y 6m
NPP 2y

AD

Nil

SNPP 7 years
Worked as massage therapist – massaged victim – massaged breasts – inserted finger in vagina – opportunistic offence. Favourable subjective features – good character –– good rehabilitation prospects – special circumstances. Below mid-range of objective gravity.

BP
(16)
NSW CCA [159]
30.7.2010

s.61I

VG

6y
NPP 4y

AA
5y
NPP 3y

Lengthy record including aggravated sexual assault at 12y age

Dragged 19y acquaintance across road and sexually assaulted her in bushes in early hours of morning – both drinking throughout the night with group of people – just below middle range Offence committed four days after finishing bond for earlier sexual offence – Aboriginal raised in domestic violence and substance abuse – limited education

Daley
(37)
NSW CCA [223]
8.10.2010

s.61I

PG

5y
NPP 3y 6m

Effective NPP
1y 7m 11d

Crown AA
5y
NPP 3y 6m
To commence at later date

Effective NPP
2y 7m

Serving sentence for sexual offences committed while serving another sentence – lengthy record

SNPP 7 years
Forced anal intercourse on 19y cell mate – threatened violence Aboriginal with neglected childhood – alcohol problems – high risk of re-offending – previous sexual offence similar to current offence

Jiang
NSW CCA [277]
29.11.2010

2 x s.61I
s.61L

VG

2y
NPP 18m
(FT 6m concurrent)

AD

nil

SNPP 7 years
Chinese masseur inappropriately touched French female backpacker during body massage – touched clitoris, sucked breast and pushed finger against vagina – low range of seriousness – opportunistic – short duration – breach of trust – desisted when asked

Rajendran
(35)

(2010) 206 A Crim R 316

 

 

 

Rajendran

[2014] NSWCCA 113

s.61I

VG

7y 6m
NPP 5y

AD

 

 

 

 

 

 

 

AD

Nil

SNPP 7 years Met on internet site – falsely intimated through e-mails he was modelling agent who could assist with modelling career – met at bar and went to office after drinking – penile / vaginal intercourse – towards the top of the lower band of the mid range – not opportunistic Appeal under s 78 Crimes (Appeal and Review) Act 2001 – Muldrock error

Bellchambers

[2011] NSWCCA 131

10.6.2011

4 x 61I

PG

10y
NPP 7y

AA
7y
NPP 5y

Nil

SNPP 7 years In a long-term relationship with V and had child – relationship broke down – offences took place over three year period – assaulted V in her home – vaginal intercourse.Good character – SJ made number of sentencing errors.

Offences substantially below mid range: at [51]

Special circumstances.

Badans

[2012] NSWCCA 97

17.5.2012

s.61I

VG

3y
NPP 1y

Crown conviction and sentence AD

 

SNPP 7 years Acquaintance of V – A and V attended party at friend’s house – V under influence of alcohol and drugs – asleep in bedroom – awoke to find A having sexual intercourse with her – V thought at first that it was her ex-boyfriend with whom she had reunited earlier in the evening – A told her to “stay there, shut up” and to be quiet. Intellectual disability - reduced moral culpability – intellectual capacity at lower 5% of population – illiterate – poor understanding of consent and social situations.

Norman

[2012] NSWCCA 230

9.11.2012

s.61I x 3

VG

7y 6m
NPP 4y 6m

AD

Nil

SNPP 7 years in relation to 2nd and 3rd offences

Rape in marriage – A and V married from 1995-2009 – A sexually assaulted V in 2002, 2004 and 2005 – during consensual sexual activity forced anal sex upon V. Degrading and serious form of sexual assault as A knew V was a victim of forced anal intercourse when younger' - no humiliating threats or insults - opportunistic - each episode not 'unduly lengthy in duration' ADHD - Asperger's syndrome - struggled emotionally and socially,

Stewart
(21)

[2012] NSWCCA 183

29.8.2012

s.61I

 

Sched:
Mal damage

PG
(25%)

4y 6m
NPP 2y 8m

AD

Breached interstate suspended sentence

SNPP 7 years Angered at complainant ending de facto relationship – smashed complainant’s phone – forced complainant on to lounge and digitally penetrated her – complainant struggling Difficult childhood – mental problems – intoxicated and not taking medication at time of offence

Dawson
(55)

[2013] NSWCCA 61

21.3.2013

4 x s.61I
1 x Indecent assault s61M(1)

PG
(25%)

9y
NPP 6y 6m

AA
9y NPP 6y

BE, assault. No offending within last 6 years.

SNPP 7 years Assaulted niece aged 16 years – 3 counts of digital penetration, 1 count of penile penetration. Intellectual disability – special circumstances – cannabis abuse for many years.

Doe

[2013] NSWCCA 248

8.11.2013

4 x s. 61I
s 61L

PG

11y
NPP 8y

AD

 

SNPP 7 years V (female) walking alone on street at night to friend’s house – A standing on street and walked along with V – did not know one another – V tried to get away – A forced V into secluded area – digital penetration – anal and penile penetration.

Martin
(47)

[2013] NSWCCA 253

8.11.2013

s.61I

VG

9y
NPP 7y

AD

 

SNPP 7 years Assaulted V because A believed V had been involved in a drug deal gone wrong and in which A lost money – drove V to secluded area – penile penetration. Aboriginal – troubled upbringing.

Greenwood
(36)

[2014] NSWCCA 64

23.4.2014

s.61I
s.61L

VG

4y 6m
NPP 3y 4m
(concurrent) 

AD

Breached bail – nil other matters

SNPP 7 years Sexually assaulted 18y goddaughter of friend who was passed out from intoxication in friend’s car – touched left breast and cunnilingus – took advantage of vulnerability – below mid-range – opportunistic offences over short period of time

Aslan
(35)

[2014] NSWCCA 114

20.6.2014

3 x s.61I
AOABH

 

Sched:
4 sexual offences 

PG
(25%)

9y
NPP 6y

AD

Significant record

SNPP 7 years Sexually assaulted 35y female stranger walking between hotels – assault included fellatio, cunnilingus, attempted penile penetration and digital penetration – struck victim to mouth as she tried to escape Highly dysfunctional childhood – brain damage from accident – drug abuse

Kanchitanon

[2014] NSWCCA 210

​s.61I

s.61L

​VG​Total:

4y
NPP 2y 6m

​AD​NilSNPP 7 years

Sexually assaulted female V who came to work in A's restaurant – pushed V against bench and digital vaginal penetration for about 1 minute.

Tonari

(28)

[2014] NSWCCA 232

​5 x s.61I

2 x s.61L

​PG​Total:

4y
NPP 2y 6m

​Crown AD​NilSNPP 7 years
A on working visa from Japan – friendly  with V, 29 year old female student from Japan – at V's home sleeping on couch – V woke to find A on top of her – fellatio and penile-vaginal intercourse – punched V when she screamed – threats of  violence.

Spontaneous offence – mid-range – home of V.

Strong subjective case – obsessive compulsive disorder.

Sentence lenient however CCA declined to intervene.

Nand

[2014] NSWCCA 293

​2 x s.61I​PG

(12.5%)

​11y

NPP 7y 6m

​AD​Breached parole for sexual offencesSNPP 7 years

Sexually assaulted 18y female stranger unconscious at railway station – both intoxicated – forced fellatio – vaginal penetration – used phone to record offence

Ahmu

(27)

[2014] NSWCCA 312

​15 x s.61I

2 x indecent assault

​VG​7y

NPP 4y

​Crown AA

9y 6m
NPP 6y 6m

​NilSNPP 7 years
Offences took place on one evening - committed upon partner female V in context of an ongoing, relatively violent domestic relationship - V eight weeks pregnant - threat to kill, V pleaded to stop , in presence of two year old son -  sexual acts accompanied by humiliating and degrading conduct - penile/vaginal intercourse – cunnilingus.

Good character - Schizoaffective Disorder, Major Depression – family support – good references.

CCA: Vary extent of accumulation to reflect the totality of criminality. Non-parole periods and head sentences remain unchanged but that the commencement dates be varied.

Ewen

(35)

[2015] NSWCCA 117

​2 x s.61I

Supply amphetamines
Breach bond

​VG

 

PG

​11y

NPP 7y

 

Total
12y
NPP 8y

​AD​LengthySNPP 7 years

Sexually assault met at home of acquaintance in bathroom – forced fellatio – vaginal / penile intercourse – supply complainant with amphetamines

Jeffreys

(53)

[2015] NSWCCA 132

​s.61I​VG3y 8m

NPP 1y 8m

Conviction AD

(No appeal against sentence)

SNPP 7 years

Sexually assaulted complainant aged 29 who was adult niece of A – V returned to A's unit – intoxicated and was sleeping  – awoke and felt as if someone had had sex with her – confronted her uncle A who told her she had consented

Cowling

(22)

[2015] NSWCCA 213

​s.61I

 

s.61L

​PG

(25%)

​Indicative sentences:

 

s.61I- 3y NPP 2 yrs

 

s.61L- 1y 4m

 

Aggregate:

3y 6m

NPP 2y 5m

​AA

Indicative sentences:

 

s61I – 2y 3m

NPP 1y 5m

 

s.61L – 9m

 

Aggregate:

2y 4m

NPP 18m

​RobberySNPP 7 years

Sexually assaulted 20y friend while she was sleeping on lounge after drinking at friend's house – cunnilingus -  sucked V's breast – lower end of scale of seriousness – no violence, coercion, threats or intimidation

Difficult childhood – drug and alcohol addiction – difficult to assess rehabilitation prospects

Lee

(60)

[2016] NSWCCA 66

​3 x s.61I​VG​Agg:

11y

NPP 7y 6m

​AD​Priors for sexual offencesSNPP 7 years

On three different occasions picked up intoxicated males from public areas with offer of lift home – fellated victims who were unconscious or near unconscious – mid-range offence

Bullock

(18)

[2016] NSWCCA 131

​s.611​PG (25%)​6y

NPP 3y 6m

​AA

5y

NPP 2y 6m

​NilSNPP 7 years

A and female complainant V were friends and socialised together – Vaginal penetration – V intoxicated – A used physical force to overcome resistance by V – ignored V's screams and pleas to stop

Youth – immaturity – remorse

CCA: Reference to statistics

Darby

(35)

[2016] NSWCCA 164

​2 x s.61I

 

s.61N(2)

 

s.61L

​VG​Indicative sentences

 

s.61I cunnilingus

3y

NPP 1y 6m

 

s.61I –

Digital

3y 6m

NPP 2y

 

s.61N(2)- 6m

 

s.61L – 9m

 

Aggregate:

4y

NPP 2y

​Conviction AA:

s.61L conviction quashed.

 

 

Other sentences confirmed.

New Aggregate:

3y 6m

NPP 1y 9m

​Domestic violence offencesSNPP 7 years

Company executive had drinks with employee from same building at pub – returned to office – continued sexual activity after becoming aware victim not consenting – cunnilingus – digital penetration – used complainant's hand for masturbation

On appeal conviction for indecent assault offences quashed – justification for re-sentence

Jonson

[2016] NSWCCA 286

​2 x s.61I

 

s.35(2)

VG​​Agg:

9y

NPP 6y 5m

​ADSNPP 7 years

Victim and offender in abusive domestic relationship over many years – on one occasion offender slapped victim to head causing perforated eardrum – on separate occasion forced anal and oral sex

No error in finding fact that offences committed ion home of victim an aggravating factor

Rosenburg

[2016] NSWCCA 292

​3 x s.61I

 

3 x s.61L

​VG​11y

NPP 8y 3m

​AD​Includes serious sexual offencesSNPP 7 years 

Intoxicated female waiting for friend to pick her up from city – approached by male stranger – touched vagina outside underwear – followed victim into park – further indecent touching, forced oral and anal intercourse and cunnilingus – anal intercourse well above mid-range

Prospects of rehabilitation very poor – risk of re-offending high